ORDERS:
CONSENT ORDER
This matter is before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department of
Revenue (Department) against the Respondents by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann.
Section 12-21-2804(A) and Regulation 117-190 on February 5, 2000. The regulatory violation and assessment report issued by the
Department sought the imposition of $15,000.00 in fines, the revocation of fifteen (15) Class III machine licenses and the closure of
the three rooms found to be in violation for a period of six months. A Final Agency Determination issued by the Department on July
13, 2000 sustained the fines.
This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on August 15, 2000. Prior to a
hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms
and conditions:
1. Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or about
February 5, 2000.
2. All Class III video poker machines have been removed from the premises of L.A. Video, Super Video and Video Plus. In the event
that such machines are, subsequent to this agreement, determined to be legal to operate in the State of South Carolina, the
Respondents Ladson Package Store, Inc., and Michael Kocak agree to refrain from operating any such machines on the premises of
these rooms for a period of six months commencing on September 1, 2000.
3. The Respondents Ladson Package Store and Michael Kocak further agree to pay fines in the amount of $1,000 for each violation,
for fines totaling $3,000 and to make payment of such fines to the Department of Revenue within thirty (30) days of the date of this
Order.
4. As to the Respondent Carlisle Carter, the fifteen (15) Class III licenses at issue in this matter all expired on May 31, 2000 and their
revocation is therefore considered moot for the purposes of this agreement. Further, on the basis of the South Carolina Supreme
Court's Order in the matter of S.C. Dept. of Revenue v. Collins Entertainment Corp. (Op. No. 25110, Apr. 17, 2000) and the lack of
any evidence that Carter was directly involved in the business operation of L.A. Video or the other premises found to be in violation,
the Department hereby waives the monetary fines previously sought against Carlisle Carter d/b/a Carter Amusement.
5. In consideration for the above-stated agreement and payment, the Department agrees to waive the remaining monetary fines and
penalties sought against the Respondents in this action.
6. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with
prejudice.
_____________________________ ____________________________
Jeffrey M. Nelson William R. Hearn, Jr.
Counsel for Regulatory Litigation Attorney for the Respondents
S.C. Department of Revenue 100-D Morgan Place
P.O. Box 125 Summerville, S.C. 29485
Columbia, S.C. 29214 (843) 851-8383
(803) 898-5172
AND IT IS SO ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
October 5, 2000
Columbia, South Carolina |
